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ROBERTO'S FRUIT MARKET, INC. v. SCHAFFER

No. CV 97-4764(ADS).

13 F.Supp.2d 390 (1998)

ROBERTO'S FRUIT MARKET, INC., Four Star Video, Inc.; Penguin Tires, Inc., W.A.L.S.U. Inc.; Cross Island Sanitation, Inc.; PGS Carting Co., Inc., Plaintiffs, v. Richard H. SCHAFFER, individually, Doug Jacob, individually; Ron Kluesener, individually; Adam Barsky, individually; Babylon Source Separation Commercial, Inc., Jamaica Ash & Rubbish Removal Co., Inc.; Jet Sanitation Service Corp.; S.P.F. Carting Corp.; Mets Roll-Off Service, Inc.; Trinity Transportation Corporation; Omni Recycling of Babylon, Inc.; Omni Recycling of Westbury, Inc.; Westbury Paper Stock Corp.; Emedio Fazzini; Anthony Core; Domenick Testa; Patricia DiMatteo; Sidney Fenster, Joseph Petrizzo; and John Pagano, Defendants.

United States District Court, E.D. New York.

July 16, 1998.

Attorney(s) appearing for the Case

Kevin Maldonado, Pound Ridge, NY, for Plaintiffs.

Rosenman & Colin, New York, NY, for Defendant Adam Barsky; Howard Wilson, of counsel.

Stephen P. Scaring, Garden City, NY, for Defendants Jamaica Ash & Rubbish Removal Co., Inc., Jet Sanitation Service Corp., Emedio Fazzini, Patricia DiMatteo, Anthony Core.

John F. Carman, Garden City, NY, for Defendant Ronald Kluesener.

William D. Wexler, North Babylon, NY, for Defendant Doug Jacob.

Anthony Core, Westbury, NY, for Defendants Babylon Source Separation Commercial, Inc., Trinity Transportation Corp., Omni Recycling of Babylon, Inc., Omni Recycling of Westbury, Inc., Westbury Paper Stock Corp.

Kevin Keating, Garden City, NY, for Defendant Domenick Testa.

Nixon, Hargrave, Devans & Doyle, Garden City, NY, for Defendants Richard H. Schaffer, Adam Barsky, Doug Jacob, and Ron Kluesener; Frank L. Amoroso, of counsel.

Jaspan, Schlesinger, Silverman & Hoffman, LLP, Garden City, NY, for Defendants Mets Roll-Off Service, Inc., S.P.F. Carting Corp., Sidney Fenster, Joseph Petrizzo, John Pagano; Michael E. White, Laurel R. Kretzing, of counsel.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

This case involves the disposal of rubbish. Specifically, it is about the many tons of waste produced each year by commercial businesses in the Town of Babylon, and how certain companies were awarded valuable Town contracts for its removal, incineration and recycling The plaintiffs' First Amended Complaint ("the Complaint") alleges violations of the Racketeer Influenced and Corrupt

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